CUTTACK: Senior BJD MLA and former Law Minister Pratap Jena on Tuesday failed to appear before the Court of Judicial Magistrate, First Class (JMFC), Salipur which had summoned him in connection with the sensational Mahanga double murder case.
Instead of personally appearing before the court, Jena submitted a petition through his advocate mentioning that he was unable to appear before the court due to his illness. “Jena is undergoing treatment at Capital Hospital in Bhubaneswar where the treating doctor Associate Professor Premkanta Mohanty has advised him bed rest for one month,” stated the petition annexing the medical prescription.
In the petition, Jena prayed for dispensing his personal appearance and permitting him to be represented through his counsel under section 205 of the CrPC. However, advocate Prabin Kanungo, the counsel for complainant Ranjit Kumar Baral appealed the court to quash Jena’s petition.
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The accused is a sitting MLA does not mean his position is a condition or precedent to dispense with his personal appearance. A good number of legislators of the country are in conflict with criminal law and facing it as usual like under-trial accused persons. “The credibility of the doctor as well as the medical report is highly questionable,” stated Kanungo through an instant petition.
Later, while counsel for Jena submitted a petition seeking two weeks’ time, the counsel for complainant urged the court for rejection of petition for dispensing Jena’s personal appearance first and then for considering his time petition. The court which conducted hearing on the matter from both the parties, however, reserved the verdict.
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The court had taken cognisance of offences against Jena as an accused in the Mahanga double murder case in its September 25 order. Meanwhile, Jena has also moved the Orissa High Court challenging the order of JMFC court taking cognisance of the charge against him.